Summary: We will not investigate this complaint about the Council’s handling of flooding on roads in Mr X’s locale. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

The complaint

1. Mr X complains about the Council’s response to matters he has raised concerning flooding of roads in his locale. He says he has been inconvenienced and that the Council should acknowledge this and not dismiss the issues raised as those affecting “low speed roads” and so of low priority.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

3. I considered information provided by the complainant, including the Council’s response to the complaint.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mr X complained to the Council about various matters relating to flooding of roads in his area caused by heavy rainfall and the Council’s failure to keep clear its drainage systems.
6. The Council responded to Mr X and explained at times of flooding it will prioritise reports of flooding to property and high-speed roads above low-speed roads such as those in Mr X’s area. It confirmed it had checked its drainage systems the previous year and satisfied itself they were working properly and that it was also liaising with the water company to address damage done to one of its systems by a utility company.
7. While Mr X has clearly been frustrated by the impact of the flooding, there is insufficient evidence of fault by the Council to warrant an investigation. It is for the Council to determine its priorities in the event of incidents of flooding. Moreover, an investigation would not lead to a recommendation of a Council Tax refund as sought by Mr X.

Back to top

Final decision

8. We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman